Agenda item - Bar Termini, 7 Old Compton Street, W1

Bar Termini, 7 Old Compton Street, W1

Meeting of Licensing Sub-Committee (4), Tuesday 12th January, 2016 10.00 am (Item 6.)

App

Ward/ Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

West End Ward / West End

Bar Termini, 7 Old Compton Street, W1

New

15/10386/LIPN

Minutes:

LICENSING SUB-COMMITTEE No. 4

Thursday 12th January 2016

Membership: Councillor Jean-Paul Floru (Chairman), Councillor Heather Acton and Councillor Aziz Toki

Legal Adviser: Horatio Chance

Policy Adviser: Chris Wroe

Committee Officer: Jonathan Deacon

Relevant Representations: Environmental Health, Metropolitan Police and the Soho Society.

Present: Mr Julian Skeens (Solicitor, representing the Applicant), Mr Luke Elford (Solicitor, on behalf of the Applicant), Mr Marco Arrigo (Applicant Company), Mr Dave Nevitt (Environmental Health) and PC Reaz Guerra (Metropolitan Police)

Declaration: Councillors Floru, Acton and Toki declared that they had previously considered an application for Bar Termini at the Licensing Sub-Committee hearing on 15 May 2014. This was not a personal or prejudicial interest and did not in any way affect their ability to consider the current application impartially.

Bar Termini, 7 Old Compton Street, W1 15/10386/LIPN
1.	Late Night Refreshment (indoors)
	Monday to Thursday 23:00 to 23:30 Friday and Saturday: 23:00 to 01:00
	Amendments to application advised at hearing:
	None.
	Decision (including reasons if different from those set out in report):
	The Sub-Committee initially heard from Mr Skeens, representing the Applicant. Mr Skeens stated that Bar Termini was food led with a capacity of 30 people inclusive of staff. His client was seeking a new premises licence for licensable activities. However, there was an existing licence for the premises. There was no change to the proposed hours for late night refreshment (indoors) from the existing licence. There was no change proposed to the hours already permitted for on sales Monday to Thursday (off sales were no longer requested) and on Sunday but an additional hour was sought on Friday and Saturday evenings. In terms of opening hours, in addition to an extra hour being sought on Friday and Saturday evenings, earlier opening hours were proposed Monday to Sunday. The licensable activities were also requested from the end of permitted hours on New Year’s Eve until the start of permitted hours on New Year’s Day and an additional hour was sought on Valentine’s Day, the Sunday before Bank Holiday Monday, Christmas Eve and Boxing Day. The Sub-Committee noted that the existing licence for the premises in 2014 whilst not requiring the model restaurant condition MC66, did require alcohol to only be supplied to customers who are also provided with substantial food. The conditions for the current application required substantial food to be available and for alcohol to be served by waiter or waitress but did not specify that alcohol would be ancillary to food. Members wished to know what made the application for a bar in the West End an exception to policy. Mr Skeens emphasised that Bar Termini is a quality specialist café, aperitivo and digestivo bar. There were no issues at the premises, including when Temporary Event Notices had been applied for. The aspects of the application sought in addition to those already permitted on the existing licence were needed to assist the premises in being a viable business financially. The additional hour on Friday and Saturday nights would give customers more time to use the digestivo bar. PG Guerra representing the Police stated that his representation was being maintained as it was for a new premises licence in the West End Cumulative Impact Area and was contrary to policy. He believed that a significant change was being proposed in terms of how the premises would operate as it was currently food led. He confirmed that Bar Termini was not currently of concern to the Police as there had been no reports of crime or disorder issues taking place when Temporary Event Notices had been applied for and only one or two thefts being reported whilst the premises had operated. Mr Nevitt addressed the Sub-Committee, representing the Council’s Environmental Health Department. He confirmed that Bar Termini is well run and managed and that there had been no issues with public nuisance when Temporary Event Notices had been applied for. He had maintained his representation on policy grounds, in particular that the proposed hours were beyond Core Hours in the West End Cumulative Impact Area. Mr Nevitt stated that in favour of the application was that it is small and well managed and is a specialist café, aperitivo and digestivo bar. He had discussed with the Applicant options for the later hours such as pre-booking. Mr Nevitt observed that the operators wished to encourage customers to eat but alcohol would not be ancillary to food. It was not currently a place where patrons would go to get drunk but it was a matter for consideration whether this would change late at night. The later the hours granted, the greater the risk. Patrons would remain in the Cumulative Impact Area later into the night. A matter for the Applicant was how late arrivals would be managed. The Sub-Committee asked the Applicant how it would handle a potentially increased risk of rowdiness. Mr Skeens replied that his client employed a ‘meeter and greeter’. The premises had a significant ratio of bookings. Mr Arrigo added that bookings were approximately 80% of the business. Mr Skeens offered a condition that there would be no admittance after midnight save for pre-bookings. Members of the Sub-Committee, in reaching their decision, considered that Bar Termini is located in the West End Cumulative Impact Area and they were not prepared to permit the premises to operate as a bar. They were however content to grant the requested extension for the sale of alcohol until 01:00 hours on Friday and Saturday on the basis that this was ancillary to food. Members considered that the current style of operation would promote the licensing objectives with the addition of an extra hour on Friday and Saturday. A bar operation is contrary to policy in the Cumulative Impact Area and the Sub-Committee decided to re-instate the aspect of the condition on the existing licence that alcohol shall only be supplied to patrons who are also provided with substantial food. Members of the Sub-Committee had some sympathy for the venture and whilst upholding the Council’s policy, were prepared in addition to granting an extra hour on Friday and Saturday, to relax the condition transferred from the existing licence so that from 1800 hours all patrons would be seated save for a maximum of 4 persons waiting to be seated. This had been requested by Mr Skeens. The Sub-Committee granted late night refreshment which was for the same hours as those permitted on the existing licence and also the additional hour requested on Christmas Eve and New Year’s Eve. Members did not grant the extra hour for the other Bank Holidays (Valentine’s Day, the Sunday before Bank Holiday Monday and Boxing Day) which would potentially impact on local residents into the working week.
2.	Sale by Retail of Alcohol (On)
	Monday to Thursday: 11:00 to 23:30 Friday and Saturday: 11:00 to 01:00 Sunday: 12:00 to 22:30
	Amendments to application advised at hearing:
	None.
	Decision (including reasons if different from those set out in report):
	The Sub-Committee granted the requested extension for the sale of alcohol until 01:00 hours on Friday and Saturday on the basis that this was ancillary to food (see reasons for decision in Section 1).
3.	Opening Hours
	Monday to Thursday: 07:00 to 23:30 Friday and Saturday: 07:00 to 01:00 Sunday: 07:00 to 22:30
	Amendments to application advised at hearing:
	None.
	Decision (including reasons if different from those set out in report):
	Granted, subject to conditions as set out below (see reasons for decision in Section 1).
4.	Seasonal Variations
	Late Night Refreshment (indoors), Sale by Retail of Alcohol (On) and Opening Hours From the end of permitted hours on New Year’s Eve until the start of permitted hours on New Year’s Day.
	Amendments to application advised at hearing:
	None.
	Decision (including reasons if different from those set out in report):
	Granted, subject to conditions as set out below (see reasons for decision in Section 1).
5.	Non-standard timings
	Late Night Refreshment (indoors), Sale by Retail of Alcohol (On) and Opening Hours An additional hour on Valentine’s Day, the Sunday before Bank Holiday Monday, Christmas Eve and Boxing Day.
	Amendments to application advised at hearing:
	None.
	Decision (including reasons if different from those set out in report):
	The Sub-Committee granted the additional hour requested on Christmas Eve and New Year’s Eve. Members did not grant the extra hour for the other Bank Holidays (Valentine’s Day, the Sunday before Bank Holiday Monday and Boxing Day) which would potentially impact on local residents into the working week.

Conditions attached to the Licence

Mandatory Conditions

1. No supply of alcohol may be made at a time when there is no designated premises supervisor in respect of this licence.

2. No supply of alcohol may be made at a time when the designated premises supervisor does not hold a personal licence or the personal licence is suspended.

3. Every supply of alcohol under this licence must be made or authorised by a person who holds a personal licence.

4. (1) The responsible person must ensure that staff on relevant premises do not carry out, arrange or participate in any irresponsible promotions in relation to the premises.

(2) In this paragraph, an irresponsible promotion means any one or more of the following activities, or substantially similar activities, carried on for the purpose of encouraging the sale or supply of alcohol for consumption on the premises—

(a) games or other activities which require or encourage, or are designed to require or encourage, individuals to;

(i) drink a quantity of alcohol within a time limit (other than to drink alcohol sold or supplied on the premises before the cessation of the period in which the responsible person is authorised to sell or supply alcohol), or

(ii) drink as much alcohol as possible (whether within a time limit or otherwise);

(b) provision of unlimited or unspecified quantities of alcohol free or for a fixed or discounted fee to the public or to a group defined by a particular characteristic in a manner which carries a significant risk of undermining a licensing objective;

(c) provision of free or discounted alcohol or any other thing as a prize to encourage or reward the purchase and consumption of alcohol over a period of 24 hours or less in a manner which carries a significant risk of undermining a licensing objective;

(d) selling or supplying alcohol in association with promotional posters or flyers on, or in the vicinity of, the premises which can reasonably be considered to condone, encourage or glamorise anti-social behaviour or to refer to the effects of drunkenness in any favourable manner;

(e) dispensing alcohol directly by one person into the mouth of another (other than where that other person is unable to drink without assistance by reason of a disability).

5. The responsible person must ensure that free potable water is provided on request to customers where it is reasonably available.

6. (1) The premises licence holder or club premises certificate holder must ensure that an age verification policy is adopted in respect of the premises in relation to the sale or supply of alcohol.

(2) The designated premises supervisor in relation to the premises licence must ensure that the supply of alcohol at the premises is carried on in accordance with the age verification policy.

(3) The policy must require individuals who appear to the responsible person to be under 18 years of age (or such older age as may be specified in the policy) to produce on request, before being served alcohol, identification bearing their photograph, date of birth and either—

(a) a holographic mark, or

(b) an ultraviolet feature.

7. The responsible person must ensure that—

(a) where any of the following alcoholic drinks is sold or supplied for consumption on the premises (other than alcoholic drinks sold or supplied having been made up in advance ready for sale or supply in a securely closed container) it is available to customers in the following measures—

(i) beer or cider: ½ pint;

(ii) gin, rum, vodka or whisky: 25 ml or 35 ml; and

(iii) still wine in a glass: 125 ml;

(b) these measures are displayed in a menu, price list or other printed material which is available to customers on the premises; and

(c) where a customer does not in relation to a sale of alcohol specify the quantity of alcohol to be sold, the customer is made aware that these measures are available.

A responsible person in relation to a licensed premises means the holder of the premise licence in respect of the premises, the designated premises supervisor (if any) or any individual aged 18 or over who is authorised by either the licence holder or designated premises supervisor. For premises with a club premises certificate, any member or officer of the club present on the premises in a capacity that which enables him to prevent the supply of alcohol.

8(i) A relevant person shall ensure that no alcohol is sold or supplied for consumption on or off the premises for a price which is less than the permitted price.

8(ii) For the purposes of the condition set out in paragraph 8(i) above -

(a) "duty" is to be construed in accordance with the Alcoholic Liquor Duties Act 1979;

(b) "permitted price" is the price found by applying the formula -

P = D+(DxV)

Where -

(i) P is the permitted price,

(ii) D is the amount of duty chargeable in relation to the alcohol as if the duty were charged on the date of the sale or supply of the alcohol, and

(iii) V is the rate of value added tax chargeable in relation to the alcohol as if the value added tax were charged on the date of the sale or supply of the alcohol;

(i) the holder of the premises licence,

(ii) the designated premises supervisor (if any) in respect of such a licence, or

(iii) the personal licence holder who makes or authorises a supply of alcohol under such a licence;

(d) "relevant person" means, in relation to premises in respect of which there is in force a club premises certificate, any member or officer of the club present on the premises in a capacity which enables the member or officer to prevent the supply in question; and

(e) "value added tax" means value added tax charged in accordance with the Value Added Tax Act 1994.

8(iii). Where the permitted price given by Paragraph 8(ii)(b) above would (apart from this paragraph) not be a whole number of pennies, the price given by that sub-paragraph shall be taken to be the price actually given by that sub-paragraph rounded up to the nearest penny.

8(iv). (1) Sub-paragraph 8(iv)(2) below applies where the permitted price given by Paragraph 8(ii)(b) above on a day ("the first day") would be different from the permitted price on the next day ("the second day") as a result of a change to the rate of duty or value added tax.

(2) The permitted price which would apply on the first day applies to sales or supplies of alcohol which take place before the expiry of the period of 14 days beginning on the second day.

Additional Conditions

9. The premises shall install and maintain a comprehensive CCTV system as per the minimum requirements of the Westminster Police Licensing Team. All entry and exit points will be covered enabling frontal identification of every person entering in any light condition. The CCTV system shall continually record whilst the premises is open for licensable activities and during all times when customers remain on the premises. All recordings shall be stored for a minimum period of 31 days with date and time stamping. Viewing of recordings shall be made available immediately upon the request of Police or authorised officer throughout the preceding 31 day period.

10. A staff member from the premises who is conversant with the operation of the CCTV system shall be on the premises at all times when the premises is open to the public. This staff member must be able to show a Police or authorised council officer recent data or footage with the absolute minimum of delay when requested.

11. The premises shall operate as an aperitivo and digestivo bar where:

a. The supply of alcohol for consumption 'on' the premises shall be by waiter or waitress service and to seated persons only, save for the persons set out in b. below.

b. from 1800 hours all patrons shall be seated save for a maximum of 4 persons waiting to be seated.

c. alcohol shall only be supplied to patrons who are also provided with substantial food. Food will be of the type described as “fatta fuori sede” which means that there is no primary cooking on site.

d. There shall be no sales of draft beer.

12. The premises shall be a member of the local pubwatch or other local crime reduction scheme approved by the police, and local radio scheme if available.

13. Patrons permitted to temporarily leave and then re-enter the premises, e.g. to smoke, shall not be permitted to take drinks or glass containers with them.

14. Substantial food and non-intoxicating beverages, shall be available in all parts of the premises where alcohol is sold or supplied for consumption on the premises.

15. The number of persons accommodated at any one time shall not exceed 30 persons inclusive of staff.

16. A direct telephone number for the manager at the premises shall be publically made available at all times the premises is open. This telephone number is to be made available to residents and businesses in the vicinity.

17. A log shall be kept detailing all refused sales of alcohol. The log should include the date and time of the refused sale and the name of the member of staff who refused the sale. The log shall be available for inspection at the premises by the Police or an Authorised Officer of the City Council at all times whilst the premises is open.

18. The entrance door shall be kept closed after 22.00 hours except for the immediate access and egress of patrons or in the event of an emergency.

19. No noise shall emanate from the premises nor vibration be transmitted through the structure of the premises which gives rise to a nuisance.

20. Loudspeakers shall not be located in the entrance area or outside the premises building.

21. During the hours of operation of the premises, the licence holder shall ensure sufficient measures are in place to remove and prevent litter or waste arising or accumulating from customers in the area immediately outside the premises, and that this area shall be swept and or washed, and litter and sweepings collected and stored in accordance with the approved refuse storage arrangements by close of business.

22. All waste shall be properly presented and placed out for collection no earlier than 30 minutes before the scheduled collection times.

23. No collections of waste or recycling materials (including bottles) from the premises shall take place between 23.00 hours and 08.00 hours on the following day.

24. Notices shall be prominently displayed at any area used for smoking requesting patrons to respect the needs of local residents and use the area quietly.

25. The licensable activities authorised by this licence can only be carried on at the premises by Bar Termini Ltd.

26. A Challenge 25 proof of age scheme shall be operated at the premises where the only acceptable forms of identification are recognised photographic identification cards, such as a driving licence or passport.

27. The licence holder shall ensure that all cashiers and relevant staff are trained to ask any customer attempting to purchase alcohol, who appears to be under the age of 25 years (or older if the licence holder so elects) for evidence of age. This evidence shall be photographic, such as passport or photographic driving licence until other effective identification technology (for example, thumb print or pupil recognition) is introduced. All cashiers will be instructed, through training, that a sale shall not be made unless this evidence is produced.

28. All cashiers and relevant staff will receive refresher training on relevant alcohol laws and the licence holder's policy on challenging for ID. Such training to take place at least twice a year. Records will be maintained at the premises containing information about the training of any person who may make a sale of alcohol including the date of their training and the nature of the training undertaken. The relevant documentation shall be produced on request to a police officer or a relevant officer of a responsible authority.

29. The licence shall not be in effect until premises licence number 14/02200/LIPN is surrendered.

30. No deliveries to the premises shall take place between 23.00 and 08.00 on the following day.

Supporting documents:

Bar Termini 7 Old Compton Street W1, item 6. PDF 3 MB